]]>The US Department of Transportation on Wednesday indefinitely suspended all Chinese carriers from flying to and from the US, effective June 16.

This order most impacts Air China, China’s flag carrier airline, which frequently flies schedules between China and the US. “[This suspension permits] U.S. carriers to exercise the full extent of their bilateral right to conduct scheduled passenger air services to and from China,” said Joel Szabat, Assistant Secretary of Aviation and International Affairs, who signed the command.

CNN reports that this order came partially as a result of US airlines petitioning the Civil Aviation Administration of China (CAAC) to resume flights to China after they were indefinitely suspended in January due to COVID-19 concerns. US airline revenues have suffered significantly as a result of the pandemic, and they have sought federal aid to keep their businesses afloat.

This order now gives American carriers the near-exclusive right to fly to China. Consequently, airline stocks hit three-month highs during Friday’s session.

On March 12, President Donald Trump indefinitely suspended all flights from Europe, and, on May 27, he suspended travel from Brazil. Neither order has been lifted.

This latest suspension falls in the midst of an ongoing trade dispute with China. On May 14 Trump threatened to delist Chinese businesses from US stock exchanges and has since inflamed tensions through Twitter, on which he claimed that “the incompetence of China, and nothing else, [did] this mass Worldwide killing [the COVID-19 pandemic].”

The Chinese airline suspension order claims that the US possesses unilateral power to lift or change the order. “These circumstances require the Department [of Transportation’s] action to restore a competitive balance and fair and equal opportunity among U.S. and Chinese air carriers in the scheduled passenger service marketplace,” it says. “We … conclude that the public interest requires the suspension of all Chinese carrier scheduled passenger air services between the United States and China.”

]]>Protesters, Black Lives Matter DC sue Trump for violating constitutional rightshttps://www.jurist.org/news/2020/06/protesters-black-lives-matter-dc-sue-trump-for-violating-constitutional-rights/
Fri, 05 Jun 2020 22:55:28 +0000https://www.jurist.org/news/?p=134232Protesters and Black Lives Matter DC filed a lawsuit Thursday arguing that their ouster from Lafayette Square near the White House on June 1 violated both their First Amendment rights to free speech and assembly and their Fourth Amendment right of freedom from unreasonable search and seizure. Protests have sparked across the country in response […]

]]>Protesters and Black Lives Matter DC filed a lawsuit Thursday arguing that their ouster from Lafayette Square near the White House on June 1 violated both their First Amendment rights to free speech and assembly and their Fourth Amendment right of freedom from unreasonable search and seizure. Protests have sparked across the country in response to the death of George Floyd and institutional racism in law enforcement.

The complaint argues that the US Secret Service, US Park Police, DC National Guard and US Military Police unleashed tear gas, pepper spray, rubber bullets and flash bombs upon peaceful protesters, without provocation, in order to clear a path for President Donald Trump to walk to a photo opportunity at a nearby church. In addition, plaintiffs argue that this action was intentional as evidenced by Trump’s statements about protesters, referring to them as “THUGS” in his tweets. Further, in his phone call with governors, Trump stated they must take harsher actions by “dominat[ing] your city and your state,” and his Secretary of Defense, Mark Esper, stated that governors need to “dominate the battlespace.”

The complaint states:

The police violence that Plaintiffs and other lawful, peaceful demonstrators were met with on June 1, 2020 is a continuation of an unlawful history of oppression of civil rights activists. The peaceful assembly of people seeing systemic change in the criminal justice system, like the assembly of Plaintiff and others on June 1, 2020 in Lafayette Square, is based on a decades-old history of civil rights activism in this nation. Following the long tradition of those who marched for voting rights on Sunday, March 7, 1965, in Selma, Alabama, Plaintiffs seek to address racial inequities. But like that “Bloody Sunday” fifty-five years ago, Plaintiffs’ peaceful, lawful assembly was met by police violence.

Scott Michelman, legal director of the American Civil Liberties Union of the District of Columbia stated, “the President’s shameless, unconstitutional, unprovoked, and frankly criminal attack on protesters because he disagreed with their views shakes the foundation of our nation’s constitutional order. And when the nation’s top law enforcement officer becomes complicit in the tactics of an autocrat, it chills protected speech for all of us.”

The suit seeks an injunction prohibiting the president and his agents from infringing on the constitutional rights of protesters.

]]>Federal appeals court blocks Texas ruling allowing residents to vote by mail during pandemichttps://www.jurist.org/news/2020/06/federal-appeals-court-blocks-texas-ruling-allowing-residents-to-vote-by-mail-during-pandemic/
Fri, 05 Jun 2020 19:24:02 +0000https://www.jurist.org/news/?p=134219The US Court of Appeals for the Fifth Circuit on Thursday blocked a lower court’s order that would have allowed Texans to vote by mail rather than in person in an effort to avoid the risk of COVID-19 exposure. The decision comes after a lower court ruled that voters under 65 years old who lacked immunity […]

]]>The US Court of Appeals for the Fifth Circuit on Thursday blocked a lower court’s order that would have allowed Texans to vote by mail rather than in person in an effort to avoid the risk of COVID-19 exposure.

The decision comes after a lower court ruled that voters under 65 years old who lacked immunity to the novel coronavirus had a disability that qualified them for mail-in voting under the Texas Election Code.

The Texas Election Code (Section 82.002) provides that a voter has a disability that qualifies them for mail-in voting if “the voter has a sickness or physical condition that prevents the voter from appearing at the polling place … without a risk of … injuring the voter’s health.”

The Texas Democratic Party, which brought this suit against the Governor, Secretary of State and Attorney General of Texas, argued in its complaint that a lack of immunity to COVID-19 was a disability that qualified voters in Texas for mail-in voting. The state officials, on the other hand, argued that, without a qualifying sickness or physical condition, a lack of immunity and a fear of contracting the virus do not constitute a disability for purposes of receiving a ballot by mail.

The party also argued that the Texas Election Code’s requirements for eligibility for mail-in voting discriminated based on age by allowing mail-in voting for voters of 65 years of age or older and not for those younger, especially during the pandemic.

Although the lower court ruled in favor of the Democratic Party, the court of appeals sided Thursday with the state officials and blocked the lower court’s order.

The Fifth Circuit held that requiring that state officials institute mail-in voting just a few days before elections begin would cause “significant, irreparable harm’ to the state.

As to the age discrimination claim, the court of appeals held that it was reasonable for the state of Texas to allow the elderly, who are “more likely to face everyday barriers to movement,” and have a greater risk of dying from the coronavirus, to vote by mail and not extend the same privilege to people under 65 years of age.

Texas Attorney General Ken Paxton praised the court’s decision, saying, “allowing universal mail-in ballots, which are particularly vulnerable to fraud, would only lead to greater election fraud and disenfranchise lawful voters.”

On the other hand, Gilberto Hinojosa, the Texas Democratic Party chair, expressed his disapproval of the court’s ruling, which, to him, essentially requires people under 65 years of age to choose between their health and their right to vote.

]]>Trump shares letter referring to White House protesters as ‘terrorists’https://www.jurist.org/news/2020/06/trump-shares-letter-referring-to-white-house-protesters-as-terrorists/
Fri, 05 Jun 2020 18:15:10 +0000https://www.jurist.org/news/?p=134189US President Donald Trump, in a tweet on Thursday, shared a letter that referred to the protesters who were forcibly dispersed from a park near the White House on Monday evening as “terrorists.” The letter was written by former marine, now attorney, John Dowd, who was once the lead attorney for the president during the […]

]]>US President Donald Trump, in a tweet on Thursday, shared a letter that referred to the protesters who were forcibly dispersed from a park near the White House on Monday evening as “terrorists.”

The letter was written by former marine, now attorney, John Dowd, who was once the lead attorney for the president during the Mueller investigation. Dowd’s letter is a response to former Secretary of Defense James “Jim” Mattis’s open letter to the president criticizing his treatment of protesters and accusing him of turning the public against one another.

Mattis’s statement said, “We must reject any thinking of our cities as a ‘battlespace’ that our uniformed military is called upon to ‘dominate.'” He went on to add that “Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us,” and that “We can unite without him, drawing on the strengths inherent in our civil society.”

Mattis concluded with the statements, “The pandemic has shown us that it is not only our troops who are willing to offer the ultimate sacrifice for the safety of the community,” but that we also “know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution.”

Dowd’s letter is a direct response to Mattis’s. In the opening of the letter, Dowd said that he, “Never dreamed you would let a bunch of hack politicians use your good name and reputation-earned with the blood and guts of young Marines.” He went on to add that, “The phony protesters near Lafayette park were not peaceful and are not real. They are terrorists using idle hate-filled students to burn and destroy.”

Dowd also criticized former president Barack Obama by claiming, “No one divided this country more than Obama. He abandoned our black brothers and sisters.” He also claimed that, “President Trump has done more to help our minority brothers and sisters in three years than anyone in the last fifty.” Dowd concluded by praising the controversial decision by Trump to assassinate Iranian General Qasem Soleimani. He accused Mattis of being embarrassed at his own “failure” to take such action and of the “instincts and balls” shown by the president. Notably, Dowd made no reference to the Iran missile attack on a US base in response and instead claimed that the president’s action has silenced Iran ever since.

Trump also agreed on Thursday to begin standing down the 82nd Airborne Division troops he had controversially ordered to Washington but had not yet been deployed. This move marks a momentary ceasefire in the escalating conflict between the Pentagon and the White House over the use of active-duty troops in addressing the current civil unrest across the country.

]]>Japan court rejects same-sex relationships as de facto marriages, denying man victims’ compensationhttps://www.jurist.org/news/2020/06/japan-court-rejects-same-sex-relationships-as-de-facto-marriages-denying-man-victims-compensation/
Fri, 05 Jun 2020 16:41:02 +0000https://www.jurist.org/news/?p=134211The Nagoya District Court on Thursday rejected a man’s request to overturn a decision deeming him ineligible for victims’ compensation following the death of his same-sex partner. The man, Yasuhide Uchiyama, had lived with his partner for around 20 years. After his partner was murdered in 2014, Uchiyama filed for victims’ compensation in December 2016. […]

]]>The Nagoya District Court on Thursday rejected a man’s request to overturn a decision deeming him ineligible for victims’ compensation following the death of his same-sex partner.

The man, Yasuhide Uchiyama, had lived with his partner for around 20 years. After his partner was murdered in 2014, Uchiyama filed for victims’ compensation in December 2016. However, the Aichi Prefectural Public Safety Commission rejected the application on the basis that Uchiyama’s relationship was a same-sex relationship.

On Thursday, Presiding Judge Masatake Kakutani did not recognize same-sex relationships as de facto marriages. This continues to prevent Uchiyama from being eligible for victims’ compensation as a surviving family member.

]]>Senate approves bill to ease restrictions in emergency small business loanshttps://www.jurist.org/news/2020/06/senate-approves-bill-to-ease-restrictions-in-emergency-small-business-loans/
Fri, 05 Jun 2020 14:22:34 +0000https://www.jurist.org/news/?p=134204The US Senate approved a bill on Wednesday that will ease restrictions on emergency small business loans. HR 7010, or the “Paycheck Protection Program Flexibility Act of 2020,” would amend the Small Business Act and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). It would extend the covered loan period from eight weeks […]

]]>The US Senate approved a bill on Wednesday that will ease restrictions on emergency small business loans.

HR 7010, or the “Paycheck Protection Program Flexibility Act of 2020,” would amend the Small Business Act and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). It would extend the covered loan period from eight weeks to 24 weeks, giving small businesses more time to spend the funds. Small businesses would also have greater choice in where they use the loan money. Loan recipients would only be required to use at least 60 percent of the loan for payroll costs, instead of the previously required 75 percent. Borrowers could use up to 40 percent of the loan on mortgage obligations, rent obligations, or utility payments.

Borrowers would still qualify for loan forgiveness under these amendments.

The US House of Representatives passed the bill on May 28 in a vote of 117 to one. Now the bill goes to President Donald Trump, who is expected to sign the bill into law.

]]>Federal appeals court sends Georgia ballot-access case back to lower courthttps://www.jurist.org/news/2020/06/federal-appeals-court-sends-georgia-ballot-access-case-back-to-lower-court/
Thu, 04 Jun 2020 22:51:20 +0000https://www.jurist.org/news/?p=134170The US Court of Appeals for the Eleventh Circuit on Wednesday remanded a case brought by the Libertarian Party of Georgia challenging the state’s ballot-access law to the lower court for failing to address the constitutionality of the law. A judge for the US District Court for the Northern District of Georgia had granted a […]

]]>The US Court of Appeals for the Eleventh Circuit on Wednesday remanded a case brought by the Libertarian Party of Georgia challenging the state’s ballot-access law to the lower court for failing to address the constitutionality of the law.

A judge for the US District Court for the Northern District of Georgia had granted a motion for summary judgment in favor of the Georgia Secretary of State, concluding it did not need to apply the Supreme Court’s test for the constitutionality of ballot-access measures, established in Anderson v. Celebreeze. The summary judgment has been vacated and the district court will need to apply the Anderson test and consider the Equal Protection clause.

The Georgia law requires third-party candidates to submit petitions signed by 5 percent of the voters eligible to vote for that office in the last election. The Libertarian Party of Georgia introduced evidence that no third-party candidate has met that threshold, despite the fact that more than 20 candidates have tried since 2002.

The Eleventh Circuit declined to consider the case on the merits. The district court has been instructed to apply the Anderson test, which “emphasizes the relevance of context and specific circumstances to each challenge to ballot-access requirements,” and to consider the Equal Protection claim based on the different treatment of third-party candidates running for state-wide office and Congressional candidates.

Treasury Secretary Steve Mnuchin said Tuesday, “the illegitimate Maduro regime has enlisted the help of maritime companies and their vessels to continue the exploitation of Venezuela’s natural resources for the regime’s profit.” Mnuchin added that the US government will keep sanctioning companies that aid the Venezuelan regime.

Consistent with OFAC guidelines, the assets of the four companies have been blocked and others will be prohibited from engaging in business with them.

US President Donald Trump’s administration has implemented a number of sanctions on Venezuela since 2017, citing “authoritarian policies, intolerance for dissent, and violent and systematic repression of human rights and fundamental freedoms.”

]]>Putin declares state of emergency after major oil spill in Arctic Circlehttps://www.jurist.org/news/2020/06/putin-declares-state-of-emergency-after-major-oil-spill-in-arctic-circle/
Thu, 04 Jun 2020 22:32:13 +0000https://www.jurist.org/news/?p=134175Russian President Vladimir Putin declared a state of emergency Wednesday after 20,000 tons of diesel oil leaked into a river within the Arctic Circle. The spill went unreported for two days, which may have caused irreparable damage to the region. The spill was caused by a fuel tank at a power plant near the Siberian […]

]]>Russian President Vladimir Putin declared a state of emergency Wednesday after 20,000 tons of diesel oil leaked into a river within the Arctic Circle. The spill went unreported for two days, which may have caused irreparable damage to the region.

The spill was caused by a fuel tank at a power plant near the Siberian city of Norilsk, which collapsed last Friday. The plant is owned by a subsidiary of Norilsk Nickel (Nornickel), which is the world’s leading nickel and palladium producer. The Norilsk plant had reportedly spent two days trying to contain the spill, before alerting the government. The Russian Investigative Committee (SK) has launched a criminal case over the pollution and alleged negligence. The director of the power plant, Vyacheslav Starostin, has subsequently been taken into custody but has not yet been charged.

The collapse of the tank and subsequent leak is believed to have been caused by ground subsidence, sinking or settling of surface terrain, as a result of the abnormally warm weather and melting permafrost. The oil has already drifted 12km (7.5 miles) from the accident site and is estimated to have contaminated at least a 350 sq km (135 sq mile) area. The spill has also caused large portions of the Ambarnaya river to turn a dark crimson red.

In a televised press conference Wednesday Putin heavily criticized the head of the Nornickel over the company’s response to the disaster. In a separate statement, Nornickel has said that the incident had been reported to the government in a “timely and proper” way. Their statement contradicts comments from the region’s governor, Alexander Uss, that his office had informed Putin that they only became aware of the oil spill on Sunday after “alarming information appeared in social media.”

Putin’s state of emergency declaration means that more government forces will be deployed to the area to assist with the ongoing clean-up operation. The accident is already believed to be the second-largest in modern Russian history in terms of volume, an expert from the World Wildlife Fund, Alexei Knizhnikov, told AFP.

The incident has prompted many warnings from leading environmental organizations, who believe that the scale of the spill and sprawling geography of the river will mean that it will be difficult to clean up. Oleg Mitvol, the former deputy head of Russia’s environmental watchdog Rosprirodnadzor, stated that there has “never been such an accident in the Arctic zone.” He also added that an effective clean-up could cost as much as 100bn roubles (£1.2bn; $1.5bn) and take between five and 10 years.

Also, notably, this is not the first time Nornickel has been involved in an oil spill. In 2016 they admitted that a chemical spill at another one of its plants was also responsible for turning the Daldykan River blood red after rains damaged a filtration dam at its Nadezhda metallurgical plant. That was also investigated, but the damage from it was ultimately on a much smaller scale and relatively short term.

]]>Hong Kong government outlaws mockery of China’s national anthemhttps://www.jurist.org/news/2020/06/hong-kong-government-outlaws-mockery-of-chinas-national-anthem/
Thu, 04 Jun 2020 21:35:29 +0000https://www.jurist.org/news/?p=134181The Legislative Council of Hong Kong passed a law on Thursday that criminalizes the mockery of China’s national anthem. Under the new law, which was passed to “preserve the dignity of the national anthem,” individuals are not allowed to alter the lyrics of the national anthem, play or sing it in a “distorted or disrespectful […]

]]>The Legislative Council of Hong Kong passed a law on Thursday that criminalizes the mockery of China’s national anthem.

Under the new law, which was passed to “preserve the dignity of the national anthem,” individuals are not allowed to alter the lyrics of the national anthem, play or sing it in a “distorted or disrespectful way,” or publicly or intentionally insult it. Individuals are also not allowed to use China’s national anthem for commercials or for private funerals.

The law was originally introduced in 2019, but it was not passed until Thursday. Thursday was also the thirty-first anniversary of the Tienanmen Square massacre.

]]>France court agrees to transfer Rwanda genocide suspect to UN tribunalhttps://www.jurist.org/news/2020/06/france-court-agrees-to-transfer-rwanda-genocide-suspect-to-un-tribunal/
Thu, 04 Jun 2020 21:01:27 +0000https://www.jurist.org/news/?p=134120The Paris Court of Appeals on Wednesday affirmed a lower court decision to transfer Felicien Kabuga to Arusha, Tanzania, to be tried for his role as the primary financier of the 1994 Rwandan genocide. Kabuga will be handed over to the International Residual Mechanism for Criminal Tribunals (IRMCT), which is primarily based out of The […]

]]>The Paris Court of Appeals on Wednesday affirmed a lower court decision to transfer Felicien Kabuga to Arusha, Tanzania, to be tried for his role as the primary financier of the 1994 Rwandan genocide.

Kabuga will be handed over to the International Residual Mechanism for Criminal Tribunals (IRMCT), which is primarily based out of The Hague but also includes a branch in Arusha. A judge in The Hague ruled last month that Kabuga would be tried at the Arusha site of the IRMCT, which took over for the UN’s International Criminal Tribunal for Rwanda (ICTR) after it closed in 2015.

The now 84-year-old Kabuga has been on the run for 26 years. During that time, he adopted a fake identity and utilized his vast resources alongside a network of family connections to evade international authorities in numerous countries throughout Europe and Africa. Kabuga was once of Rwanda’s richest men before he was indicted by the ICTR in 1997 on a variety of charges. During his time as fugitive, authorities offered a $5 million reward in 2002 for information leading to his capture.

The seven counts against Kabuga included the charge of genocide as well as “direct and public incitement to commit genocide” by using his position as the chairman of Rwanda’s FDN national defense fund to funnel money to militia groups. Kabuga has also been accused of forming the infamous Interahamwe militia that carried out many of the massacres as well as the Radio-Television Libre des Mille Collines, which is prominently recognized as having incited many to support the genocide and to commit acts of violence. It is believed that Kabuga supplied “an impressive number of machetes and other weapons to the Interahamwe militia” and may have even directly supervised Interahamwe massacres in Gisenyi, northwestern Rwanda, and in the Kigali district of Kimironko.

Kabuga was arrested on May 16 in Asnieres-sur-Seine in the Hautes-de-Seine department outside of Paris. Kabuga had originally asked for a trial in France, citing concerns of bias in the UN African courts, fears that he would be returned to Rwanda and his failing health. Kabuga attended the hearing in a wheelchair with a mask and barely reacted to the decision as it was read out.

He is expected to be transferred within 30 days to Arusha for trial, but, if the current pandemic affects travel, Kabuga will likely be tried instead at The Hague in the Netherlands. However, his lawyers are planning to appeal the ruling to France’s highest court of appeal, the Court of Cassation, which could delay the transfer further.

The 1994 genocide resulted in the estimated death of 800,000 people. The end of the more than two-decade search for Kabuga, which resulted in his title as Africa’s most wanted man, marks the beginning of closure for one of the most significant outstanding wounds from the tragedy.

]]>Trump administration to investigate EU and other countries implementing taxes on digital serviceshttps://www.jurist.org/news/2020/06/trump-administration-to-investigate-eu-and-other-countries-implementing-taxes-on-digital-services/
Thu, 04 Jun 2020 19:46:46 +0000https://www.jurist.org/news/?p=134155US Trade Representative (USTR) Robert Lighthizer said Tuesday that the Trump administration will investigate several countries over the implementation of taxes on digital services, which are suspected to discriminate against US companies. Initiating a Section 301 investigation under the Trade Act of 1974 will give the USTR broad authority to respond to a foreign country’s […]

]]>US Trade Representative (USTR) Robert Lighthizer said Tuesday that the Trump administration will investigate several countries over the implementation of taxes on digital services, which are suspected to discriminate against US companies.

Initiating a Section 301 investigation under the Trade Act of 1974 will give the USTR broad authority to respond to a foreign country’s actions. The investigation will cover the EU, India, Brazil and others.

In a press release, Lighthizer stated that US President Donald Trump is “concerned that many of our trading partners are adopting tax schemes designed to unfairly target companies,” and thus are “prepared to take all appropriate action to defend our business and workers against any such discrimination.” If found to be unfair or discriminatory, the US would be able to impose punitive tariffs on digital services.

]]>South Africa court rules COVID-19 lockdown measures unconstitutionalhttps://www.jurist.org/news/2020/06/south-africa-court-rules-covid-19-lockdown-measures-unconstitutional/
Thu, 04 Jun 2020 18:34:26 +0000https://www.jurist.org/news/?p=134152South Africa’s High Court ruled Wednesday that some of the level 3 and 4 lockdown measures put in place to slow the spread of COVID-19 were “unconstitutional and invalid,” ordering a 14-day period to overhaul the restrictions. At the start of the pandemic, South Africa had the most restrictive lockdown measures, including a ban on […]

]]>South Africa’s High Court ruled Wednesday that some of the level 3 and 4 lockdown measures put in place to slow the spread of COVID-19 were “unconstitutional and invalid,” ordering a 14-day period to overhaul the restrictions.

At the start of the pandemic, South Africa had the most restrictive lockdown measures, including a ban on alcohol and cigarette sales. The lawsuit, filed by the Liberty Fighters Network advocacy group in May, argued that the ANC government’s reaction to the epidemic violated South Africa’s Bill of Rights.

While the lockdown measures have been reduced from level 5 to level 3, Judge Norman Davis declared that the contraventions did not satisfy the “rationality test” in public law and intruded on the freedoms expressed in the Bill of Rights. Irrationality can be expressed as citizens were able to “buy a jersey but not undergarments or open-toed shoes.”

Denson, who worked as a national phone bank administrator and Hispanic engagement coordinator, was required to sign a contract before starting her employment. The class action declares that the document is null and void, as the clauses are “wildly broad” rendering them unlawful in both state and federal law.

The agreement prohibits employees, contractors and volunteers from disclosing information about President Donald Trump, his family, business and political affairs. The plaintiffs filed the lawsuit stating that the broad ban over speech “forever” by the agreement violates the Fist Amendment.

The class members are stating that despite working in a role where they were not exposed to high-level strategic or private information, they are still bound by this broad ban on speech.

]]>Federal appeals court says Michigan ex-governor cannot avoid deposition in Flint water lawsuitshttps://www.jurist.org/news/2020/06/federal-appeals-court-says-michigan-ex-governor-cannot-avoid-deposition-in-flint-water-lawsuits/
Thu, 04 Jun 2020 17:37:44 +0000https://www.jurist.org/news/?p=134142The US Court of Appeals for the Sixth Circuit ruled Tuesday that former Michigan governor Rick Snyder cannot avoid deposition in civil lawsuits pertaining to the Flint water scandal. Snyder and former Michigan State Treasurer Andy Dillon claimed that they could not be deposed as non-party fact witnesses in Flint water crisis claims against other […]

]]>The US Court of Appeals for the Sixth Circuit ruled Tuesday that former Michigan governor Rick Snyder cannot avoid deposition in civil lawsuits pertaining to the Flint water scandal.

Snyder and former Michigan State Treasurer Andy Dillon claimed that they could not be deposed as non-party fact witnesses in Flint water crisis claims against other defendants. They claimed that qualified immunity protected them from discovery until their immunity claims were conclusively denied.

However, the appeals court said that qualified immunity only protects government officials from “unnecessary and burdensome discovery or trial proceedings.” The court stated its decision still left both Snyder and Dillon with remedies, as they could object to lines of questioning and move for a protective order at the district court level.

As the court said,

It is inappropriate for us, however, to issue a prophylactic order to stop these depositions from going forward based on hypothetical horrors before a single problematic question has been asked. They may file for a protective order in the district court if they object to the noticing parties’ line of questioning. What they cannot do is ask us to resolve a run-of-the-mill discovery dispute on an interlocutory appeal.

]]>Former UAW president pleads guilty to embezzling $1 million in union fundshttps://www.jurist.org/news/2020/06/former-uaw-president-pleads-guilty-to-embezzling-1-million-in-union-funds/
Thu, 04 Jun 2020 16:11:26 +0000https://www.jurist.org/news/?p=134136Former president of the United Automobile Workers union (UAW) Gary Jones pleaded guilty on Wednesday to conspiring with at least six other high-ranking UAW officials to embezzle over $1 million in union funds. He also pleaded guilty to conspiring to defraud the US by evading tax payment on the embezzled funds, as well as to […]

]]>Former president of the United Automobile Workers union (UAW) Gary Jones pleaded guilty on Wednesday to conspiring with at least six other high-ranking UAW officials to embezzle over $1 million in union funds. He also pleaded guilty to conspiring to defraud the US by evading tax payment on the embezzled funds, as well as to causing the UAW to file false tax returns.

The UAW represents more than 400,000 active members and 580,000 retired members in more than 600 local unions throughout the US. Jones served as the director of UAW Region 5 from October 2012 through June 2018. From June 2018 through November 2019, he served as president of the UAW.

According to the Department of Justice (DOJ), Jones admitted to conspiring with other officials to embezzle money from the UAW. These funds, drawn from dues money, were spent on “lavish entertainment” and personal expenses, including private clubs, golfing apparel and high-end liquor. Jones and the other officials concealed this spending in the cost of conferences held in California and Missouri. Between 2010 and 2018, they also submitted false expense forms for costs supposedly incurred from leadership and training conferences.

Jones faces 10 years maximum in prison and a fine up to $250,000. However, under terms of a plea agreement between Jones and the government, he is facing an advisory sentencing guideline range of 46 to 57 months in prison.

Jones is the fourteenth defendant to be convicted in connection with an ongoing criminal investigation into corruption within the UAW.

]]>ACLU files lawsuit on behalf of Minnesota journalists over ‘targeting’https://www.jurist.org/news/2020/06/aclu-files-lawsuit-on-behalf-of-minnesota-journalists-over-targeting/
Thu, 04 Jun 2020 14:54:02 +0000https://www.jurist.org/news/?p=134127The American Civil Liberties Union (ACLU) filed a class action lawsuit Wednesday asking a Minnesota court to stop “unconstitutional conduct targeting journalists.” The complaint lists detailed violations the Minneapolis Police Department and State Patrol have allegedly committed against members of the media. In response to George Floyd’s death, there have been protests in major cities […]

]]>The American Civil Liberties Union (ACLU) filed a class action lawsuit Wednesday asking a Minnesota court to stop “unconstitutional conduct targeting journalists.” The complaint lists detailed violations the Minneapolis Police Department and State Patrol have allegedly committed against members of the media.

In response to George Floyd’s death, there have been protests in major cities throughout the US demanding justice in the fight against institutional racism that has existed in policing. Some of these protests turned violent and destructive, resulting in governors issuing curfews. However, members of the media were exempt from these curfew orders. Despite this exemption the Minneapolis Police Department and Minneapolis State Patrol allegedly subjected members of the media to “threatening, spraying chemical irritants, and firing less-lethal ballistics designed for riot control,” even after identifying themselves as media personnel. Most notably, a member of CNN’s new crew was arrested on Friday by Minnesota State Police on live TV.

As a result of the mistreatment of the media, the Reporters Committee for Freedom of the Press sent a letter to Minnesota Authorities stating:

Law enforcement officers do not have legal immunity when they violate clearly established rights under the First Amendment The right of the press to document police activity is foundational to our democracy and has long been recognized and protected by the courts. Beyond, however, the Constitution and the law, any targeting of reporters for ding their jobs—keeping the public informed during an extraordinary period of civil unrest—is beyond the pale in a free society.

]]>Federal appeals court upholds order striking down Kentucky abortion lawhttps://www.jurist.org/news/2020/06/federal-appeals-court-upholds-order-striking-down-kentucky-abortion-law/
Thu, 04 Jun 2020 13:36:32 +0000https://www.jurist.org/news/?p=134117The US Court of Appeals for the Sixth Circuit on Tuesday affirmed a district court’s ruling striking down Kentucky HB 454, which prevented the dilation and evacuation (D&E) abortion procedure after 13 weeks. The case was brought by EMW Women’s Surgical Center, which is the sole abortion provider in Kentucky. They contend that preventing D&E […]

]]>The US Court of Appeals for the Sixth Circuit on Tuesday affirmed a district court’s ruling striking down Kentucky HB 454, which prevented the dilation and evacuation (D&E) abortion procedure after 13 weeks.

The case was brought by EMW Women’s Surgical Center, which is the sole abortion provider in Kentucky. They contend that preventing D&E abortions after 13 weeks except in cases of medical emergency is a violation of constitutional rights. They argued that because D&E is the most common abortion method in the second trimester, not allowing D&E abortions would be a violation of the Fourteenth Amendment.

On the other hand, the state of Kentucky contends that HB 454 does not ban D&E abortions but rather requires that people seeking D&E abortions first undergo a procedure to induce fetal demise. They presented three methods that they believed were acceptable under the law, but, after expert testimony on both sides, the court ruled in favor of the plaintiffs.

The Sixth Circuit court upheld the decision after de novo review of the evidence. They cited the Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt to show the undue burden the law places on women seeking abortions. They also cited the 10 states where similar laws have been struck down because of the undue burden they place on women.

Judge Bush wrote in the dissent that he believes the plaintiffs lacked standing to bring the case.

]]>Venezuela government and opposition agree to seek funds to combat COVID-19https://www.jurist.org/news/2020/06/venezuela-government-and-opposition-agree-to-seek-funds-to-combat-covid-19/
Thu, 04 Jun 2020 12:10:00 +0000https://www.jurist.org/news/?p=134109The Venezuelan government announced an initiative Tuesday to fund a stronger COVID-19 response. The government has come to an agreement with the opposition to support the initiative together in the hopes of convincing the majority of the Venezuelan people to participate. The initiative looks to gather funds to expand testing capabilities. The purpose is to […]

]]>The Venezuelan government announced an initiative Tuesday to fund a stronger COVID-19 response. The government has come to an agreement with the opposition to support the initiative together in the hopes of convincing the majority of the Venezuelan people to participate.

The initiative looks to gather funds to expand testing capabilities. The purpose is to identify cases of COVID-19 and be able to prevent it from spreading by isolating people who are infected. In addition, they hope to be able to treat and cure more people now that they will have the capabilities to know who is injured.

They are still looking for funding but are hopeful that because they have come together it will be easier to find funding. Finally, they urge the Venezuelan people to get tested and be safe regardless of political party affiliation.

]]>Minnesota AG upgrades charges against Chauvin, charges other ex-officers in George Floyd killinghttps://www.jurist.org/news/2020/06/minnesota-ag-upgrades-charges-against-chauvin-charges-other-ex-officers-in-george-floyd-killing/
Wed, 03 Jun 2020 21:42:56 +0000https://www.jurist.org/news/?p=134107Minnesota Attorney General Keith Ellison announced Wednesday that he is upgrading the charges against former Minneapolis police officer Derek Chauvin to second-degree murder in George Floyd’s killing and will also be charging the other three former officers involved in the incident. Former Minneapolis police officer Derek Chauvin had initially been charged with third-degree murder. A […]

]]>Minnesota Attorney General Keith Ellison announced Wednesday that he is upgrading the charges against former Minneapolis police officer Derek Chauvin to second-degree murder in George Floyd’s killing and will also be charging the other three former officers involved in the incident.

Former Minneapolis police officer Derek Chauvin had initially been charged with third-degree murder. A third-degree murder conviction would not require proof that the defendant wanted the victim to die but instead would only require a finding that their actions were dangerous and were carried out without regard to human life. Under Minnesota law, first and second-degree murder convictions require proof that the defendant intended to kill. First-degree murder generally requires premeditation, whereas second-degree does not and is most generally associated with crimes of passion or opportunity. A second-degree murder conviction in Minnesota can carry a sentence of up to 40 years, which is 15 years longer than the original charge of third-degree murder.

An amended criminal complaint has been filed, which includes the updated charges against Chauvin. Ellison also warned that “In order to be thorough, this is going to take months. It is better to make sure that we have a solid case, fully investigated, researched, before we go to trial, than to rush it. It will take a while, I can’t set a deadline on that.” In response to questions on past prosecutions of police officers in the US, Ellison acknowledged that no one in the US has successfully prosecuted a police officer for second-degree murder and that only one officer in Minnesota has been convicted of killing a civilian while serving in that role.

Ellison also acknowledged the protests throughout the country and stated that he believes that “Our country has under-prosecuted these matters, in Minnesota and throughout the country,” but also that “We can’t control the past—all we can do is take the case we have in front of us right now, and do our best to bring justice to the situation.”

Drew Evans, the superintendent of Minnesota’s Bureau of Criminal Apprehension, also added that the authorities are in the process of taking the other three police officers involved into custody. Those officers have all now been charged with aiding and abetting second-degree murder as well as aiding and abetting second-degree manslaughter. He stated that “One is in custody, the other two we are in the process of taking into custody and expect them to this afternoon.”

Meanwhile, the protests against systemic racism in law enforcement and the killing of George Floyd have continued for the eighth day across the US. Protests have predominantly been peaceful. Most cities have continued to have few reported incidents of violence or looting. However, some locations have continued to see incidents of violent riots and intense clashes with police forces. Many cities have instituted curfews that remain in place, but many have been openly defied.

]]>Defense Secretary says he does not support using active duty troops against protestershttps://www.jurist.org/news/2020/06/defense-secretary-says-he-does-not-support-using-active-duty-troops-against-protesters/
Wed, 03 Jun 2020 20:31:04 +0000https://www.jurist.org/news/?p=134095US Secretary of Defense Mark Esper said Wednesday that he does not support the use of active-duty military troops against protesters. This statement comes as the US enters its eighth day of mass protests in cities across the country and is a direct contradiction to President Donald Trump’s earlier statements throughout the week. Esper said […]

]]>US Secretary of Defense Mark Esper said Wednesday that he does not support the use of active-duty military troops against protesters. This statement comes as the US enters its eighth day of mass protests in cities across the country and is a direct contradiction to President Donald Trump’s earlier statements throughout the week.

Esper said that active-duty military units should only be used in a law enforcement capacity and as a last resort. He went on to further clarify that “I do not support invoking the Insurrection Act.” There are already thousands of US military troops deployed from the US National Guard across the country. The National Guard is a reserve force for the US Army, which is often used to assist states dealing with natural disasters and civil unrest. They have currently been deployed in more than 20 states to address protests and assist local law enforcement. However, these deployments have so far been requested by the cities or states themselves.

Esper’s statement is in direct contradiction to President Trump’s controversial tweet last Friday. Trump has also stated that “If states don’t take necessary action, I will deploy the military and quickly solve the problem for them.” Additionally, he supported the deployment of military units throughout Washington, DC, and has publicly discussed implementing a law from 1807 known as the Insurrection Act. This act states that the approval of governors before deploying the military in a state is not required when the president determines the situation in a state makes it impossible to enforce US laws or when citizens’ rights are threatened.

White House Press Secretary Kayleigh McEnany addressed Esper’s comments in a statement on Wednesday, when asked if Esper’s remarks angered the President. She said, “If he loses confidence in Secretary Esper I’m sure you all will be the first to know.”

Meanwhile, the protests against systemic racism and the killing of George Floyd have continued for the eighth day across the US. Protests have generally been predominantly peaceful. Most cities have continued to have few reported incidents of violence or looting. However, some locations have continued to see incidents of violent riots and intense clashes with police forces. Many cities have instituted curfews that remain in place, but many were openly defied last night.

]]>Supreme Court declines to reconsider ruling allowing Madoff trustee to go after $3B in foreign assetshttps://www.jurist.org/news/2020/06/scotus-declines-to-reconsider-ruling-allowing-madoff-trustee-to-go-after-3b-in-foreign-assets/
Wed, 03 Jun 2020 19:33:36 +0000https://www.jurist.org/news/?p=134098The US Supreme Court denied certiorari in HSBC Holdings v. Irving H. Picard on Monday, a case concerning whether the liquidation trustee of Bernie Madoff’s estate can seize overseas funds. Madoff was convicted in 2009 of defrauding investors through a Ponzi scheme. Last year the US Court of Appeals for the Second Circuit allowed the […]

Madoff was convicted in 2009 of defrauding investors through a Ponzi scheme.

Last year the US Court of Appeals for the Second Circuit allowed the Bernard L. Madoff Investment Securities LLC liquidation trustee, Irving Picard, to collect assets that had been transferred overseas from Madoff’s Ponzi scheme. The Second Circuit overruled the original decision of US District Judge Jed Rakoff, who held that once the assets left the US, they were unobtainable according to the US Bankruptcy Code.

In December the Supreme Court asked US Solicitor General to submit an amicus brief to provide the Department of Justice’s opinion on the matter. The brief urged the Supreme Court to deny certiorari.

It took eight years from the time Madoff was convicted for the DOJ to begin providing restitution to Madoff’s victims, at which time Picard argued that victims could not be made whole without seizing the overseas assets.

]]>DOJ urges appeals court to force dismissal of Michael Flynn casehttps://www.jurist.org/news/2020/06/doj-urges-appeals-court-to-force-dismissal-of-michael-flynn-case/
Wed, 03 Jun 2020 18:26:35 +0000https://www.jurist.org/news/?p=134094The US Department of Justice (DOJ) filed a brief in the US Court of Appeals for the District of Columbia Circuit on Monday, asking the court to order the dismissal of the case against Michael Flynn, President Donald Trump’s former national security advisor The DOJ is urging the appeals court to direct Judge Emmet Sullivan […]

]]>The US Department of Justice (DOJ) filed a brief in the US Court of Appeals for the District of Columbia Circuit on Monday, asking the court to order the dismissal of the case against Michael Flynn, President Donald Trump’s former national security advisor

The DOJ is urging the appeals court to direct Judge Emmet Sullivan of the US District Court for the District of Columbia to grant the government’s Rule 48(a) motion to dismiss the indictment against Flynn. The DOJ argued that even though Flynn pleaded guilty to charges of making false statements to the FBI, the department, acting in an executive capacity, may still drop the charges. The brief relied on the famous case US v. Nixon, noting that “the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case.”

Thus, the DOJ argued that Sullivan, having judicial and not executive power, erred in allowing amicus curiae, rather than granting the DOJ’s unopposed motion. The amicus briefs were invited to argue against the dismissal of the Flynn case and to “address whether the court ‘should issue an Order to Show Cause why [petitioner] should not be held in criminal contempt for perjury.'” The DOJ contended that neither Flynn’s guilty plea nor his withdrawal of the guilty plea, regardless of whether either statement was false, were grounds for contempt.

Oral arguments for the petition for the writ of mandamus have been scheduled for June 12.

]]>UK PM pledges to change Hong Kong immigration rules amidst new Chinese national security lawshttps://www.jurist.org/news/2020/06/uk-pm-pledges-to-change-hong-kong-immigration-rules-amidst-new-chinese-national-security-laws/
Wed, 03 Jun 2020 18:03:03 +0000https://www.jurist.org/news/?p=134071In an op-ed for the South China Morning Post on Wednesday, British Prime Minister Boris Johnson pledged to change the UK’s immigration rules to allow almost 3 million Hong Kong residents to seek refuge in the UK if China implements its new national security law. Approximately 350,000 Hong Kong residents currently have British National Overseas […]

]]>In an op-ed for the South China Morning Post on Wednesday, British Prime Minister Boris Johnson pledged to change the UK’s immigration rules to allow almost 3 million Hong Kong residents to seek refuge in the UK if China implements its new national security law.

Approximately 350,000 Hong Kong residents currently have British National Overseas Passports, and another 2.5 million Hong Kong residents are eligible to apply. Johnson wrote:

If China imposes its national security law, the British government will change our immigration rules and allow any holder of these passports from Hong Kong to come to the UK for a renewable period of 12 months and be given further immigration rights, including the right to work, which could place them on a route to citizenship.

Further, Johnson articulated that he struggles to understand how the national security law will quell tensions in Hong Kong. Johnson hopes China will work alongside the international community to preserve everything that has helped Hong Kong thrive, including the “one country, two systems” approach. Until then, UK will continue to voice their concerns in international forums.

In the midst of this, Hong Kong police on Monday instituted a ban on June 4 vigils honoring the victims of the deadly Tiananmen Square Crackdown of 1989. Authorities claim that the ban is due to COVID-19 restrictions.

Hong Kong and Macau are currently the only places in Chinese territory where people can memorialize victims. Mainland Chinese authorities prohibit even furtive references to the 1989 massacre of pro-democracy protestors.

]]>Civil rights groups call for legislation addressing police killings of African Americanshttps://www.jurist.org/news/2020/06/civil-rights-groups-call-for-legislation-addressing-police-killings-of-african-americans/
Wed, 03 Jun 2020 17:52:58 +0000https://www.jurist.org/news/?p=134024The Conference on Civil and Human Rights sent a letter to US congressional leaders on Monday, urging them to “take swift and decisive legislative action” in response to a series of recent police killings of African Americans. The letter was signed by 438 organizations, including the NAACP and the American Civil Liberties Union (ACLU). The […]

]]>The Conference on Civil and Human Rights sent a letter to US congressional leaders on Monday, urging them to “take swift and decisive legislative action” in response to a series of recent police killings of African Americans. The letter was signed by 438 organizations, including the NAACP and the American Civil Liberties Union (ACLU).

The letter stated that the current protests, which came in response to the death of George Floyd, were also a “cry for action to public officials for structural change.” The organizations emphasized that the recent deaths of many others, including Ahmaud Arbery and Breonna Taylor, highlighted the need for congressional action.

The letter urged Congress to adopt a series of legislative measures to ensure that police officers “live up to their oath to protect and serve.” These legislative measures include requiring a federal standard that force be used only as a last resort; prohibiting the use of maneuvers that restrict the flow of blood or oxygen to the brain, including chokeholds; prohibiting racial profiling; requiring data collection on police-community encounters; and ending the qualified immunity doctrine. The letter also called for the creation of a publicly available database that would provide police executives with information about the misconduct histories of officers before the officers are hired.

The organizations also requested a meeting with House and Senate leadership within the week to discuss legislative responses.